REGULAR MEETING
March 2, 2020
A regular meeting of the Town Board of the Town of Busti was held on Monday, March 2, 2020 at 6:45 p.m., at the Town of Busti, Town Administration Building, 125 Chautauqua Avenue, Lakewood, New York with the following members present:
Supervisor Jesse M. Robbins
Councilman Todd Hanson
Councilman Jim Andrews
Councilman Paul Gustafson
Councilman Randy Sargent
Supervisor Robbins called the meeting to order with the salute to the flag and a moment of silence was observed.
Present at the meeting were: Highway Superintendent Melvin Peterson, Lakewood Busti Police Chief John Bentley, Code Enforcement Officer Jeff Swanson, Busti Fire Department Chief Matt Stafford, Jack Knowlton, Susan Lane, Village of Lakewood Mayor Randy Holcomb, Village of Lakewood Trustee Rich Fischer, Village of Lakewood DPW Supervisor Tom Pilling, Hart and Nancy Jordan, John Felton and Cyde Johnson – Southern Chautauqua Federal Credit Union, Aaron Kier, Josh Pilling, Randall Perry and Taylor West – Chautauqua Lake and Watershed Management Alliance, Andy Johnson – ecoStrategies Engineering and Surveying, Dave Hanny – Barton and Loguidice, Ray Ayers, Jim Francisco, John Jablonski III – Chautauqua Watershed Conservancy, and Jay Young – Post Journal.
John Felton, Southern Chautauqua Federal Credit Union, noted the credit union and Southwestern Soccer Club along with the Town of Busti worked together to raise money for the construction of the concession stand located at Loomis Park. The project was funded by grants, monetary donations, town funds, and volunteer labor. The original agreement with Chautauqua Federal Credit Union stated the credit union would be permitted to affix and maintain a sign on the exterior of the concession stand listing the names of the donors who have donated towards the costs of construction of the building with the credit union’s name and logo listed at the top of the list. Mr. Felton stated the proposed sign would be 4’ x 10’ facing towards the soccer fields; he will contact Highway Superintendent Peterson to ensure that all donors are listed on the sign.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, Southern Chautauqua Federal Credit Union be authorized to affix and maintain a 4’ x 10’ sign on the exterior of the Loomis Park concession stand acknowledging all parties who have donated money, time, and/or labor towards the construction of the building.
Upon roll call vote, all aye, carried.
Town Clerk Darlene Nygren reported her office has collected $5,968,856 for the 2020 County Town Tax collection, nearly 1,000 late notices were mailed out on March 2nd; the last day to collect is April 1st. Clerk Nygren noted in 2017 the board authorized a credit card through M&T Bank (Elan Credit Card was the actual issuer of the account) with a $1,000 credit limit; she and Superintendent Peterson were designated as the authorized users with individual credit limits of $500 each. Any charges to the account are paid off on a monthly basis. M&T is now offering a business credit card directly through them; Clerk Nygren is requesting the board authorize applying for the M&T credit card and upon approval closing the credit with Elan Credit Card.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, to authorize applying for an M&T credit card with Town Clerk Nygren and Highway Superintendent Peterson as the users and a $1,000 credit limit, upon approval the Elan credit card will be closed.
Upon roll call vote, all aye, carried.
Town Clerk Nygren presented the following proposals received to replace the copier in the Town’s Administration Office:
Purchase 5yr Lease Service/Supply
Schwab – Ricoh IMC 2000 Full Color System $4,657 $85/mth .0096 Per Copy B&W
($5,100 total) .063 Per Copy Color
Est 5 yr Cost = $3,528
Usherwood – Canon IR XC3525i III $3,050 $61.92 .0088 Per Copy B&W
Cabinet 84 1.71 .052 Per Copy Color
Fax 504 10.23 Est 5 yr Cost = $3,096
2 Tray Paper Bank 683 13.87
Inner Finisher 662 13.44
$4,982 $101.17/mth
($6,070.20 total)
Eagle Systems – Toshiba eStudio 3015AC $5,192 $108/mth .009 per Copy B&W
($6,480 total) .065 per Copy Color
Est 5 yr Cost = $3,450
Councilman Hanson moved the following resolution which was duly moved by Supervisor Robbins:
RESOLVED, the Town of Busti sign a 5-year lease with Schwab for a copier that will be located in the Town Administration Office at 125 Chautauqua Avenue. The monthly lease will be in the amount of $85 per month + .0096 per B&W copy and .063 per Color copy.
Upon roll call vote, all aye, carried.
Lakewood Busti Police Chief John Bentley reported 584 incidents since February 3, 2020 and 1,285 YTD.
Supervisor Robbins noted it was 7:00 p.m. and moved to open the Public Hearing regarding the adoption of Local Law No. 1 of 2020 entitled “A LOCAL LAW OPTING OUT OF THE TAX EXEMPTIONS PROVIDED BY SECTION 487 OF THE REAL PROIPERTY TAX LAW”
The proposed local law would permit the Town of Busti to opt out of the tax exemptions provided by Section 487 of the Real Property Tax Law for Solar or Wind Energy Systems or Farm Waste Energy Systems constructed after the effective date of this local law.
Motion was duly moved by Councilman Hanson.
All in favor, carried.
Proof of publication was placed on file.
No one present spoke regarding the proposed law.
Supervisor Robbins moved to close the public hearing at 7:02 p.m., duly moved by Councilman Hanson.
All in favor, carried.
TOWN OF BUSTI
Resolution to adopt LOCAL LAW NO. 1 of 2020
Moved by Supervisor Robbins, seconded by Councilman Gustafson:
A LOCAL LAW OPTING OUT OF THE TAX EXEMPTIONS PROVIDED BY SECTION 487 OF THE REAL PROIPERTY TAX LAW
Be it enacted by the Town Board of the Town of Busti as follows:
SECTION 1. Legislative Authority
This local law is enacted pursuant to the authority contained in Real Property Tax Law Section 487.
SECTION 2. Opt Out of Real Property Section 487 Tax Exemption.
The Town of Busti hereby opts out of the tax exemptions provided by Section 487 of the Real Property Tax Law for Solar or Wind Energy Systems or Farm Waste Energy Systems constructed after the effective date of this local law.
SECTION 3. Repealer
All ordinances, local laws, and parts thereof inconsistent with this local law are hereby repealed.
SECTION 4. Validity
The invalidity of any provision of this Local Law shall not affect the validity of any other portion of this Local Law which can be given effect without such invalid provision.
SECTION 5. Effective Date
This Local Law shall take effect immediately upon filing in the office of the Secretary of State, the New York State Department of Taxation and Finance, and the New York State Energy Research and Development Authority.
Upon roll call vote, all aye, carried.
Superintendent Peterson reported Spectrum (Charter Communication) is moving forward with the installation of fiber optics underground on Creek Road. He received a copy of Spectrum’s agreement with the Town of Busti and forwarded it to Attorney Seachrist for his review.
Superintendent Peterson notified the town board the warranty for the 2016 Land Pro Zero-turn mower has expired. Land Pro Equipment offered the following purchase with trade-in: New John Deere Commercial Z945M EFI Z-Track with a Three year/1200 Hr Warranty – New York State Contract price = $,9,773.48; Trade-In 2016 John Deere Z925M EFI with 854 hours of use = $5,873.48; Net after trade-in = $3,900.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti accept the Land Pro Equipment proposal for the purchase of a new John Deere Commercial Z945M EFI Z-Track mower at the New York State Contract price = $9,773.48; Trade-In 2016 John Deere Z925M EFI with 854 hours of use = $5,873.48; Net purchase price after trade-in = $3,900.
Upon roll call vote, all aye, carried.
Superintendent Peterson noted the 2018 zero turn mower currently has 254 hours of use and should be traded in next year.
Superintendent Peterson reported there has been an increase in tire disposals at the Transfer Station. Currently, the town charges $2 per tire and he is recommending the board consider raising the charge. The town is charged $1.92 per tire to dispose of it. Discussion followed.
Councilman Hanson moved the following resolution which was duly moved by Supervisor Robbins:
RESOLVED, the Town of Busti increase the cost to dispose of tires at the Town’s Transfer Station to $3.00 per tire, the tires must be up to 19” and have no rims attached.
Upon roll call vote, all aye, carried.
Andy Johnson, ecoStrategies Engineering & Surveying, and Dave Hanny, Barton & Loguidice, presented a brief project overview of the Lakewood – Busti Precision Swale Stormwater Retrofits. The project purpose is to retrofit existing swales in the Village and Town to reduce sediment and phosphorus loads to the lake. There was a Stormwater Engineering Study in 2018, roadside swales are a significant source of sediment and phosphorus. The majority of the project funding is through a NYS Water Quality Improvement Program Grant in the amount of $202,478. The project team consists of members from the Town of Busti, Village of Lakewood, Chautauqua Lake and Watershed Alliance, ecoStrategies – Prime Consultant, Barton& Loguidice – Engineering and Landscape architecture support, and Frandina Engineering & Land Surveying – Surveying and Woman-Owned business. The project scope consists of finalizing the site selection – targeting approximately 4,600 feet of swales in diverse locations, design plans, bid documents for construction, bid assistance, construction administration, construction certification – as built plans, and operation & maintenance manual.
The next steps for the project include:
Due Date 12/31/19 1/31/20 3/31/20 4/30/20 4/30/20 6/15/20 12/31/20
Task: Draft Final Site List & Udpated Preliminary Design Final Site List & Updated Preliminary Design Draft Final Design Final Design & Construction Bid Documents Issue Construction Bid Invitation Commence Construction Construction Completion
1. One-call to verify utilities and confirm sites
2. Discuss plans with property owners and get agreements
3. Conduct survey with utilities marked
4. Develop designs for each site.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, to approve and accept the proposal of site locations for the Lakewood-Busti Precision Swale Stormwater Retrofits.
Upon roll call vote, all aye, carried.
Code Enforcement Officer Jeff Swanson reported he received the new International Code Council (ICC) code books purchased by the Town and Village. The new codes will go into effect this May. CEO Swanson and Supervisor Robbins met with Jonathan Mayer, Southern Tier West, and a NYSERDA representative who informed them NYSERDA has a new Clean Energy Community Grant forthcoming.
Busti Fire Chief Matt Stafford was present at the beginning of the meeting, however was called out due to a “Fire Call”, Chief Stafford had emailed the following report to Town Clerk Nygren which was forwarded to the Town Board: EMS – 19, Fire – 6; and Motor Vehicle Accident – 1 with a year to date total of 65 service calls.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, Dog Control Officer Mary Beth Moss be authorized to attend the DCO 2020 Conference, May 6&7, 2020 in Guilderland, NY.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the town board received a letter from American Legion – Herman Kent Post No. 777 requesting to add Aaron Swanson, fallen veteran, to the Busti Five Corners’ Veteran’s Monument. Supervisor Robbins stated the Hamlet Committee has submitted the request to the monument contractor but has not received any acknowledgement from them. He will follow-up on the request. Councilman Hanson stated the Town of Busti should pay for adding the name. No formal decision was made and the matter was tabled until the April 6, 2020 Regular Town Board meeting.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Gustafson:
RESOLVED, to authorize a contribution to the General Fund A7550.400 in the amount of $12,764.72 from accounts J200 – $10,619.13 and J231 – $2,145.59.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted the following Budget Transfers for 2019:
To Adjust Budget for A Fund
Transfers to Account (credit): Transfers from Account (debit):
A1010.100 Town Board – per svcs 0.16 A1010.400 Town Board – contractual 0.16
A1110.100 Justice – per svcs 5,374.61 A1110.400 Justice – contractual 5,374.61
A1410.100 Town Clerk – per svcs 984.05 A1220.400 Supervisor – contractual 701.95
A1410.400 Town Clerk – contractual 217.90 A1410.200 Town Clerk – equipment 500.00
A1620.400 Buildings – contractual 6,793.77 A1420.400 Lawyer – contractual 3,382.00
A3410.400 Fire – contractual 10,000.00 A1920.400 Municipal Assn Dues 1,950.00
A3510.100 Control of Dogs – per svcs 251.98 A3310.400 Traffic control – contractual 2,089.93
A3510.400 Control of Dogs – contractual 1,329.34 A3510.200 Control of Dogs – equip 500.00
Cont’d
A5010.400 Supt of Hwys – contractual 45.85 A7110.100 Parks – per svcs 22,188.69
A5132.200 Garage – Equipment 129.59 A7110.200 Parks – equip 10,000.00
A5132.400 Garage – contractual 26,139.38 A7110.400 Parks – contractual 6,793.77
A9010.800 State retirement 2,214.48
A9901.900 Transfer to other funds 9,804.21 A8810.400 Cemeteries – contractual 9,804.21
63,285.32 63,285.32
To adjust budget for B Fund
B5182.400 Street lighting – contractual 3,953.18 B3620.100 Fire safety insp – per svcs 6,354.06
B8010.100 Zoning – per svcs 1,150.00
B8010.401 Lakewood mileage – cont 988.70
B8020.400 Planning – contractual 75.00
B9010.800 NYS Retirement 82.32
B9030.800 Social Security 67.02
B9730.700 BAN Interest 37.84
6,354.06 6,354.06
To adjust budget for DB Fund
DB5112.200 Improvements – cap outlay 33,752.20 DB5142.100 Snow Rem – per svcs 43,060.70
DB5130.400 Machinery – contractual 9,308.50
43,060.70 43,060.70
To adjust budget for L Fund
L7410.400 Library – contractual 6,808.58 L599 6,808.58
Note: to pay remaining 2018 funds due to Library
6,808.58 6,808.58
To adjust budget for SW3 Fund
SW3-9951.900 Water district #3 – other issues 2,005.13 SW3-2401 Interest & earnings 448.88
SW3-599 Unexpended fund bal 1,556.25
2,005.13 2,005.13
To adjust budget for SW8 Fund
SW8-9951.900 Water – other uses 826.80 SW8-2144 Water hook-ups 826.80
826.80 826.80
To adjust budget for CM1 Fund
CM1-8810.400 Bentley Burial Expenses 3,926.66 CM1-2192 Charges for cemetery svcs 400.00 400.00
Transfer from general fund 3,526.66
3,926.66 3,926.66
Cont’d
To adjust budget for CM2 Fund
CM2-8810.400 Busti Burial Expense 10,416.17 CM2-2190 Busti lot sale 2,275.00
CM2-2192 Busti Cemetery Services 4,275.00
CM2-2401 Interest & Earnings .43
Transfer from general fund 3,865.74
10,416.17 10,416.17
To adjust budget for CM3 Fund
CM3-8810.400 Wellman Burial Expense 2,411.81 Transfer from general fund 2,411.81
2,411.81 2,411.81
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, Board resolution needed to execute interfund transfers from the General Fund (A) to the Bentley Cemetery (CM1) in the amount of $3,526.66; from General Fund (A) to the Busti Cemetery (CM2) in the amount of $3,856.74; and from General Fund (A) to the Wellman Cemetery (CM3) in the amount of $2,411.81. These amounts have been included in the General Fund budget. The remainder is included above as a budget transfer. By definition, interfund transfers are transfers intended to subsidize the receiving funds and will not be repaid.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, David Josephson and Bruce Kidder be appointed to the Zoning Board of Appeals for a term of five years.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Andrews:
RESOLVED, that Supervisor Robbins be authorized and directed to pay the presented General Fund, Highway Fund, and the Joint Recreation Fund for Abstract No. 3 from warrant #67 to and including warrant #131 in the amount of $67,751.55.
Upon roll call vote, all aye, carried.
Supervisor Robbins motioned to accept the February 2, 2020 Regular Town Board minutes; motion was duly moved by Councilman Gustafson.
All in favor, carried.
Councilman Hanson noted Solar Liberty has submitted a proposal for Solar Arrays installed on Town of Busti property. The project would assist with the electric cost on all town owned property other than the Administration Office and the Highway Garage, with a twelve-year payback. The proposal has been forwarded to all board members via email.
Supervisor Robbins noted the board received a proposed resolution addressing the permitting fees for “Small Cell Facilities” (5G). Discussion followed.
Councilman Hanson moved the following resolution, which was duly moved by Supervisor Robbins:
TOWN OF BUSTI
RESOLUTION
WHEREAS, the Town of Busti desires to promote and encourage the growth and deployment of next generation wireless technology and its use within the Town while administering reasonable rules and regulations not inconsistent with state and federal law, the Town of Busti Code, the provisions of the Federal Telecommunications Act of 1996 and other applicable Federal Communications Commission (FCC) regulations; and
WHEREAS, the Town recognizes the need to encourage wireless infrastructure investment and the digitization of and more efficient management of small cell systems as systems advance up to and beyond 5G networking for new applications such as virtual reality, 4K video, and new vertical industrial applications; and
WHEREAS, the installation, expansion, and maintenance of small cell technology related facilities and associated structures on or along the public right of way and on private property within the Town of Busti may have a significant effect on (1) the aesthetic values and historical and rural character of the Town; (2) safe use and passage on or along the Rights of Way by the public; (3) properties and property values in the Town where such structures are placed; and (4) industrial or business related growth unless a fair and predictable process is enacted; and
WHEREAS, the current Town Code encourages the collocation of small cell facilities on existing poles and other support structures as opposed to installation of new structures; and
WHEREAS, the above-noted collocation and other provisions of the Town Code are intended to provide reasonable regulations for the placement, expansion, and maintenance of small cell facilities, and their associated structures; and
WHEREAS, the Town anticipates an influx of new small cell facilities starting in 2020 as the rollout and expansion of the new 5G systems reaches our area, placing new time and review burdens on the Town Code Enforcement Office and Highway Departments; and
WHEREAS, the Town determines that the adoption of a fee structure specific to small cell technologies is necessary to permit the provision of better personal wireless service yet still protect the public welfare, health, safety and interests of the Town’s citizens in its implementation; and
WHEREAS, the fee structure set out herein is intended to comply with the FCC Declaratory Ruling, Order No. 18-133, which sets certain “safe harbor” provision for permitting fees imposed by local municipalities to recover costs associated with the review and permitting of small wireless facilities,
NOW, THEREFORE, BE IT
RESOLVED, for purposes of this Resolution and its concurrent enforcement with Section 405-28 of the Town of Busti Code, “Small Cell Facility(ies)”or” wireless facilities”, whether singular or plural, means and includes the following types of facilities:(a) antenna; and (b) associated Accessory Equipment, which is more particularly known as wireless facilities that, individually and collectively, are part of a system that meets the following qualifications: (1) each antenna of no more than six cubic feet in volume or such greater limits as the federal communications commission has excluded from review under Section 106 of the National Historic Preservation Act; (2) the equipment enclosure is cumulatively no larger than twenty eight cubic feet in volume or such higher limits as the federal communications commission has excluded from review under Section 106 of the National Historic Preservation Act; and (3) the increased or resulting height of the wireless support structure on which the small cell facility is placed is no more than ten feet higher than before, or no more than fifty feet high overall, whichever is greater; or if placed on a new utility pole, the new utility pole is no more than ten feet higher than existing utility poles adjacent to the new pole, or no more than fifty feet high overall, whichever is greater. Accessory equipment is not to be included in the calculation of equipment volume and may be located outside the equipment enclosure. The term small cell facility includes micro facilities, DAS and other wireless technologies meeting the above qualifications and may be referred to as a “node(s)” when referencing the numbers of facilities per application or elsewhere in this Resolution, and be it further
RESOLVED, that the permitting fees for “Small Cell Facilities” shall be as follows:
1. An initial, non-refundable permit/administrative fee of $500.00 for each permit application submitted to place and operate up to five (5) Small Wireless Facilities on public right-of-way or other public property, or on private property, with an additional $100.00 for each node beyond five;
2. An initial, non-refundable permit/administrative fee of $1,000.00 for each new pole and/or new support structure (i.e., not a collocation) intended to support one or more Small Wireless Facilities.
3. An annual license fee of $270.00 per Small Wireless Facility in the public right-of-way or on other public property.
Upon roll call vote, all aye, carried.
Supervisor Robbins noted he received an email from Glenn Sullivan, Solitude Lake Management with the proposed 2020 Herbicide Application Plan and Treatment Area. The Town of Busti proposed treatment area includes 44.1 acres and the Village of Lakewood includes 124.4 acres. Solitude Lake Management is recommending the town and village submit combined DEC permit application and would like each municipality confirm they accept the proposed treatments.
Supervisor Robbins moved the following resolution which was duly moved by Councilman Hanson:
RESOLVED, the Town of Busti authorize SOLitude Lake Management to act on the Town’s behalf in the herbicide permit submission to New York State Department of Environmental Conservation; authorize the submission of combined permit applications for the use of Navigate and Aquathol K herbicides to designated portions of Chautauqua Lake, in coordination with the Village of Lakewood; and authorize the application of the specified herbicides to approximately 44 acres of the Busti shoreline of Chautauqua Lake by SOLitude Lake Management pending NYS DEC permit approval.
Upon roll call vote, all aye, carried.
Supervisor Robbins moved to adjourn the regular meeting at 8:05 p.m. which was duly moved by Councilman Andrews.
All in favor, carried.
Respectfully Submitted,
________________________________
Darlene H. Nygren, Town Clerk